S.I. No. 596/2007 - Circuit Court Rules (Criminal Law (Insanity) Act 2006) 2007
CIRCUIT COURT RULES (CRIMINAL LAW (INSANITY) ACT 2006) 2007 | ||
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 4th September, 2007. | ||
We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , and section 12 of the Courts of Justice Act 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 and section 70 of the Courts of Justice Act 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ) and section 27 of the Courts (Supplemental Provisions) Act 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court. | ||
Dated this 6th day of March, 2007. | ||
(Signed): Matthew Deery | ||
(Chairman of the Circuit Court Rules Committee) | ||
Fergal Foley | ||
Gerard J. Doherty | ||
Ann Spaine | ||
Noel Rubotham | ||
Susan Ryan (Secretary). | ||
I concur in the making of the above Rules of Court. | ||
Dated this 29th day of August 2007 | ||
Signed: BRIAN LENIHAN | ||
Minister for Justice, Equality and Law Reform. | ||
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CIRCUIT COURT RULES (CRIMINAL LAW (INSANITY) ACT 2006) 2007 | ||
1. These Rules, which may be cited as the Circuit Court Rules (Criminal Law (Insanity) Act 2006) 2007, shall come into operation on the 26th day of September 2007. | ||
2. These Rules shall be construed together with the Circuit Court Rules 2001. | ||
3. The Circuit Court Rules are amended by the insertion immediately following Order 68A of the following: | ||
“Order 68B | ||
Criminal Law (Insanity) Act 2006 (No. 11 of 2006) | ||
1. A notice given under section 19(1) of the Criminal Law (Insanity) Act 2006 in any proceedings which may be determined by the Court shall be in the Form 48. A copy of the notice together with proof of service of the notice shall be lodged with the County Registrar.” | ||
4. The Form annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Form 48. | ||
Form 48 | ||
AN CHÚIRT CHUARDA | ||
THE CIRCUIT COURT | ||
CIRCUITCOUNTY OF | ||
NOTICE OF INTENTION TO ADDUCE EVIDENCE AS TO MENTAL CONDITION | ||
(SECTION 19, CRIMINAL LAW (INSANITY) ACT 2006) | ||
Case/Bill No. .......................................... | ||
The People at the suit of the Director of Public Prosecutions | ||
v | ||
| ||
WHEREAS the above-named accused was on the day of 200 asked how he/she wished to plead to the charge of the offence(s)of | ||
TAKE NOTICE that the defence intends to adduce evidence as to the mental condition of the accused in the proceedings for the said offence(s). | ||
Dated this day of 200 | ||
Signed | ||
Accused/Solicitor for the accused | ||
To: Prosecutor | ||
at | ||
and to: County Registrar | ||
at | ||
EXPLANATORY NOTE | ||
(This Note is not part of the instrument and does not purport to be a legal interpretation.) | ||
These Rules provide for the form of and procedure concerning the notice required under section 19 of the Criminal Law (Insanity) Act 2006 to be given to the prosecution where the defence intends, in proceedings before the Circuit Court, to adduce evidence as to the mental condition of the accused. |